Legislature(2007 - 2008)BELTZ 211
04/01/2008 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB77 | |
| HB357 | |
| HB413 | |
| HB379 | |
| SB295 | |
| HB295 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 295 | TELECONFERENCED | |
| + | HB 295 | TELECONFERENCED | |
| + | HB 379 | TELECONFERENCED | |
| = | SB 118 | ||
| = | HB 357 | ||
| = | HB 413 | ||
| = | SB 77 | ||
HB 295-RECORDED OR FILED DOCUMENTS
2:50:53 PM
CHAIR ELLIS announced HB 295 to be up for consideration.
NANCY MANLEY, staff to Representative Lynn, sponsor or HB 295,
related that advancing technology improvements in the Recorder's
Office are reaching the point to allow instant recording and HB
295 cleans up the statutes to allow this to happen. It amends
three areas in statute to enable the return of original
documents to the presenter at the time of recording, to ensure
that all required recording information is located on the
document, to delete references to film or scanning the daily
recordings, to remove references to court authority over the
Recorder's Office, and updates UCC forms referenced in statute
to conform with national standards. She said this bill also
requires that documents presented for recording contain the name
of the recording district in which the document is to be
recorded. Currently this information may be provided verbally or
in a cover letter.
MS. MANLEY said her office was asked to introduce this bill for
the Recorder's Office and that office would answer questions.
2:52:26 PM
VICKY BACCHUS, State Recorder, Department of Natural Resources
(DNR), supported HB 295. She said it has cleanup language for
the Recorder's Office and gets the state ready for electronic
recording. To do that she needs to be able to return a document
immediately to the presenter after it has been recorded. Right
now the statute requires her to return the documents to the
person identified within the document.
2:53:38 PM
MS. BACCHUS said she also wanted all required recording
information on the document itself. Right now the only piece of
recording information that is not required to be on the document
is the identification of the recording district and this
information can be given verbally or in a cover letter. When it
is given to her that way, she has to retain it and save it so if
the question ever comes up on what district it was supposed to
be recorded in, that record can be accessed. So, HB 295 requires
the recording district information on the document itself.
She said HB 295 also cleans up a couple of areas in AS 40.25
that require her to provide facilities for copying the public
records by removing reference to being under the direction of
the Court System, which the Recorder's Office hasn't been since
1977. She explained that the requirement to provide facilities
for the filming and copying of the public record was put in
place back in the 70s or early 80s when the office had extreme
backlogs in indexing and filming of the daily work. Title
companies got together and determined that an independent
company would come in and film the daily work to provide to
them. Now in the electronic age, the Recorder's Office gives
electronic downloads to all of the title companies on a daily
basis; so that's not an issue any more.
2:55:13 PM
MS. BACCHUS said one of the major updates in HB 295 gives her
the ability to reject UCC finance statements that are submitted
on the old forms that are currently referenced in the statutes
and include a space for social security numbers. The people
using those forms feel compelled to fill in all the blanks, so
first they put in their social security numbers. Right now she
is not in a position to reject them, because it is in statute;
11 AAC 06.050 already provides for DNR to designate a UCC form
which is already on the UCC website. It is the current national
form that does not include a space for a social security number.
She offered to answer questions.
2:56:08 PM
SENATOR BUNDE asked if this legislation would address the
Recorder's backlog or has it been addressed.
MS. BACCHUS replied that they haven't had backlogs for a long
time. Recorder's Offices in more remote locations like Fairbanks
or Juneau scan documents and provide CDs to their customers
daily. She said her office uses a file transfer protocol (FTP),
which is a totally electronic download, to get daily information
to her customers.
2:57:10 PM
CHAIR ELLIS asked how Alaska's Recorder's Offices compare to
others in other states and if this bill would bring her up to
par with best practices in other states.
MS. BACCHUS answered that the State of Alaska has a lot better
recording system than most other states. Others states usually
handle recording at the county level. They don't have the
ability to have a statewide search done from one source. Some
states are going to that, but their counties have a
conglomeration of different programs and systems. Alaska's
recording requirements are at par with other recording
jurisdictions and so are its recording fees. She said Alaska
belongs to the Public Records Industry Association (PRIA), which
sets the standard for recording and all in all Alaska has better
access to its documents with its retention and preservation
programs. All public records of the state will available for
research in digital form within the next three years.
CHAIR ELLIS asked about known opposition to the bill.
MS. BACCHUS answered she knew of no opposition.
CHAIR ELLIS said he would hold HB 295 for further consideration
in the near future. There being no further business to come
before the committee, he adjourned the meeting at 2:59:29 PM.
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